What Is a Codicil?
A codicil is a useful legal document that lets you make changes to an existing will without needing to rewrite the entire document. Think of it as a handy update.
By using a codicil, you can alter, add to, or remove specific provisions in your will. This might include changing who gets certain assets or adding a new executor. This can help keep your will current and reflect any changes in your circumstances or wishes. Creating a codicil is often more straightforward and cost-effective than drafting a whole new will.
For your codicil to be legally valid, you'll still need to ensure it's properly signed and witnessed, just like your original will. Make sure to store it with your existing will in a secure place.
Codicils are best for minor, uncomplicated changes. It might be wiser to draft an entirely new will for major changes.
If you’re in doubt, consulting a solicitor can be a good idea to ensure everything’s appropriately handled and your wishes are respected.
When Is a Codicil Needed?
You might need a codicil when you want to make changes to your existing will without rewriting the whole thing.
Imagine your life circumstances change – perhaps you've gotten married or divorced – and you want these changes to be reflected in your will.
Adding or removing a beneficiary can also call for a codicil. Maybe you want to add a new grandchild or remove someone who has passed away. A codicil lets you handle these amendments easily.
Sometimes, you may just need to change an executor or include an additional one. If the person you initially appointed as executor can no longer fulfil the role, a codicil allows you to designate someone else.
Updating your will using a codicil is especially useful for minor adjustments. If you reside in England and Wales, it's a recognised method to ensure your will accurately reflects your current wishes without unnecessary hassle.
Regularly reviewing your will and considering a codicil when major life events occur ensures your estate is handled just the way you want.
Whether you're making significant changes or simple updates, a codicil can be a flexible and efficient way to do so.
How to Write a Codicil
Creating a codicil to amend your will should be a well-organised process. Here's a step-by-step guide to writing one.
Step 1: Title the Document
Begin by giving your codicil a clear title. Use something like ‘Codicil to the Last Will and Testament of [Your Full Name]’. This helps distinguish it from your original will and any previous codicils.
Step 2: State Your Details
Specify your name and address, and affirm that you're of sound mind. This establishes who is making the codicil and confirms your capability to amend the will.
Step 3: Reference Your Will
Mention the date when your original will was signed. This connects your codicil to the correct document and prevents any confusion later on.
Step 4: Detail the Amendments
Clearly specify the changes you're making. This could be adding, removing, or altering any part of your will. Be precise and include all relevant details to avoid ambiguities.
Step 5: Obtain Witnesses
You need witnesses for your codicil, just like for your original will. Find two adults who aren't beneficiaries to witness your signature. Ensure they're present when you sign.
Step 6: Secure Legal Advice
While not mandatory, getting legal advice can ensure your codicil's validity. A will writing service can provide professional help to verify that everything is executed correctly. If you're unsure, these services can really make a difference.
Step 7: Store It Safely
Keep the codicil with your original will in a safe place.
Informing the executor of the location of these documents can be helpful. Consider storing them with a solicitor or a will-writing service for extra security.
